49. (M.) John Carbold , otherwise Cockeye , late of Horsey in Norfolk , was indicted for being aiding and assisting, with divers other persons, in landing and running goods liable to pay duty , March 11, 1746 . +

Robert Lindow : I live at Rowlsby in Norfolk, near Horsey ; I remember being at the house of John Rial at Horsey; he is a farmer there; it is a house where riders used to frequent; in the year 1746 I used to look after the smugglers horses; the prisoner and two other men came there on horseback March 10; on the 11th I saw two smallish pistols, the prisoner fired one of them off against the barn door.

Q. Did he load it afterwards?

Lindow. I don't know that he did; I remember it by being the time that Abraham Bailey was whipped there; there was at that time a cutter came down to the Beach a little distance from Horsey ; the people got up on the house and saw her coming by spying glasses; after she came, they all went down; the prisoner was one of them, he had four horses; there were about 30 or 40 of them; the prisoner loaded his horses with casks of brandy, I know it was brandy, for I had one of them; they all loaded their horses, some had oil skin bags; I cannot tell what was in them, but I have seen tea brought in such bags, they are on purpose for smuggling; I came up before they went away, so I did not see them go away ; I saw the prisoner stick his pistols in his girdle: many of the other people were armed I saw at the Beach.

On his cross examination he said, he did not know the prisoner by the name of Carbold, he knew him only by the name of Cockeye; he did not see the prisoner with arms ; after he went into the stable and had shot that one off, he saw him put them by his side, but did not see them on the Beach; that the prisoner had a great coat on.

Abraham Bailey , deposed as in the former trial, with this addition as to the prisoner; that he is the person who black'd his face and whipp'd him, &c. that he saw him at the Beach armed with a brass piece, and he believed they were all armed; that the prisoner was busy on the Beach, as the others were, and that he saw him go off; that he acquainted Mr. Kinning, an officer of the customs, of the gang, and he saw them too.

To his Character.

Simon Landal . I have known the prisoner these six years, he is a farmer and lived at Shatsal ; his character is that of an honest man.

Charles Mortimore . I have known him seven years, I never knew he ever followed any thing but farming business; he has served overseer of the poor in his parish, and was esteemed a man of honesty and probity in the country.

Q. Did he keep horses upon his farm?

Mortimore. He had sometimes three, and sometimes four.

Q. Were they cut tail, or long tail horses ?

Mortimore. They were short tail horses.

Q. Have smugglers horses long or short tails?

Mortimore. I cannot tell, I never saw any smugglers as I know of.

William Booty . I have known the prisoner seven years, he was esteemed, in that country, a man of reputation; I never heard he was a smuggler.

Margaret Boyley . I lived servant with the prisoner at Shatsal ; I came from him last Michaelmas was three years; he was then esteemed a very honest man; I never heard he was deemed a smuggler; he has a wife and family there.

On her cross examination she said she never knew him to bring home brandy or tea; and that he kept three cart horses.